A local authority racially discriminated against a black Nigerian-born solicitor who had 'worked diligently and with distinction' to qualify in England and Wales in failing to select him for a job interview, an employment tribunal has decided.



Osita Mba was the only applicant to apply for the post of assistant property lawyer when the job was advertised by Swindon Borough Council for the second time in 2005.



Mr Mba was born and qualified as a solicitor in Nigeria, where he practised before coming to the UK in 2001. He gained a post-graduate law degree from St Anne's College, Oxford and passed the qualified lawyers transfer test to be admitted as a solicitor in 2005.



The tribunal in Bristol heard that Mr Mba was told he did not meet the minimum experience requirements for the post because it was the council's policy to consider only experience gained in England and Wales.



It held that this put Mr Mba at a disadvantage when compared with those of non-Nigerian, British, English and Welsh origin. It ruled that although its aim - to ensure the individual appointed was capable of working with minimum supervision - was legitimate, the means was not proportionate, as it excluded those whose experience was gained outside the jurisdiction, and therefore constituted indirect discrimination.



The tribunal also concluded that had it not been apparent from the face of his application and from telephone contact with the claimant that Mr Mba was black, he would have been shortlisted for interview, and therefore upheld Mr Mba's claim for direct discrimination. A damages hearing has yet to be fixed.



The council, which was found vicariously liable for the actions of one of its employees on both claims, has appealed.



Catherine Baksi